Assault On A Family Member & Child Custody – Virginia Lawyers

If you need help with your child custody case and are concerned how an assault on a family member charge may affect your case in Virginia, contact our law firm immediately for help.

Assault On A Family Member & Child Custody in Virginia.

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Louis v. Louis

Facts:

The wife filed a complaint for divorce against the husband for assault on a family member and on herself on the ground of cruelty and desertion and sought custody of the parties’ children and child support. The husband filed a cross-complaint for divorce on the grounds of cruelty and gross violation of her marital vows, and sought child custody. A child was born to the wife 314 days after the parties’ last cohabitation, and the wife sought custody and support for that child.

If you are facing a family case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A presumption of law exists in favor of the legitimacy of a child born in wedlock. The presumption may be rebutted by other testimony. Improbability of known access by the husband merely of itself is not sufficient to repel the presumption, but when the evidence forces the conclusion of non-access beyond all reasonable doubt, it is sufficient to repel the presumption.

Wherever it is sought by a wife to prove that during the pendency of a divorce action, there had been sexual relations with her husband, the proof of such cohabitation and condonation rests upon her, upon the principle that who alleges fraud has the burden of proving it by evidence which is clear and convincing.

Assault On A Family Member & Child Custody in Virginia.

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Child Relocation Law – Virginia Lawyers

If you are dealing with a child relocation case in Virginia, contact our law firm immediately for help with the law.

Child Relocation Law in Virginia.

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James v. James

Facts:

The Circuit Court of Fairfax, Virginia, adopted as a “final order” the decision of a judge pro tempore that granted appellee mother primary custody of the parties’ children and that declined to enjoin her from relocating with the parties’ children. Appellant father sought review. While the judge pro tempore’s refusal to enjoin the mother from relocating with the children appeared to fall within the appellate court’s jurisdiction under § 17.1-405(4), the relocation issue was moot since the judge pro tempore presumed the mother’s relocation, which was necessitated by her military transfer, was inevitable. As the judge pro tempore had previously ruled that the mother should receive custody, a separate decision on relocation was unnecessary. Thus, the relocation issue fell within the custody decision, which was not appealable.

If you are facing a Family case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The Court of Appeals of Virginia’s jurisdiction over domestic relations disputes comes from Va. Code Ann. § 17.1-405, which provides it jurisdiction over: (3) any final judgment, order, or decree of a circuit court involving (c) custody; (d) spousal or child support; (e) the control or disposition of a child; (4) any interlocutory decree or order entered in any of the cases listed in § 17.1-405 (i) granting, dissolving, or denying an injunction; or (ii) adjudicating the principles of a cause. Thus, aside from eligible interlocutory decrees under § 17.1-405(4), the Virginia Code permits the court of appeals to review only “final” orders.

As defined by the Virginia Supreme Court, a final order is one which disposes of the whole subject, gives all the relief contemplated, provides with reasonable completeness for giving effect to the sentence, and leaves nothing to be done in the cause save to superintend ministerially the execution of the order. If further action of the court in the cause is necessary to give completely the relief contemplated by the court, the decree is not final but interlocutory

Child Relocation Law in Virginia.

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Divorce With Kids – Virginia Lawyers

If you are concerned about a Divorce With Kids and need a lawyer in Virginia, contact our law firm immediately for help.

Divorce With Kids – Virginia.

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Markel v. Markel

Facts:

Appellant spouse sought review of a decision the Circuit Court of Fairfax (Virginia), which ruled that it had jurisdiction over the issue of child custody in divorce proceedings initiated by appellee spouse.

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 20-129(A) applies only to proceedings in another state where the court is exercising jurisdiction “substantially in conformity” with the Uniform Child Custody Jurisdiction Act (UCCJA). Under the emergency jurisdiction provision of the UCCJA, the court may assume jurisdiction if the child is physically present in the state and it is necessary in an emergency to protect the child from mistreatment or abuse, either actual or threatened. Ill. Rev. Stat. ch. 40, para. 2104; Va. Code Ann. § 20-126(A)(3).

The kids welfare is the paramount concern for courts in determining the most appropriate forum for a custody dispute.

The burden is on the party who alleges reversible error to show that reversal is justified.

Divorce With Kids – Virginia.

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16.1-279.1 Code – Virginia Lawyers

If you have been charged with Code 16.1-279.1 in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Code 16.1-279.1 in Virginia.

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Jackson v. Commonwealth

Facts:

Defendant sought review of a judgment entered by the Court of Appeals of Virginia, which affirmed defendant’s convictions for two instances of violating a protective order issued under Va. Code Ann. § 16.1-279.1. Defendant challenged his convictions based on the sufficiency of the evidence

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 16.1-279.1 authorizes a juvenile and domestic relations district court to issue a protective order in cases of family abuse to protect the health and safety of the petitioner and family or household members of the petitioner. In order to accomplish such protection, Va. Code Ann. § 16.1-279.1(A) permits the court to impose one, several, or all of a list of enumerated conditions upon the respondent. The first two provisions listed under Va. Code Ann. § 16.1-279.1(A) specifically authorize a court to impose conditions on the respondent prohibiting acts of family abuse and prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons

The credibility of the witnesses and the weight accorded the evidence are matters solely for the fact finder who has the opportunity to see and hear that evidence as it is presented. The appellate court gives deference to the fact finder who, having seen and heard the witnesses, assesses their credibility and weighs their testimony.

Given the unambiguous wording of Va. Code Ann. § 16.1-279.1, the General Assembly clearly intended protective orders to safeguard the health and physical safety of a petitioner.

Code 16.1-279.1 in Virginia.

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Separation Agreement & Divorce – VA Lawyers

If you are concerned about a Separation Agreement & Divorce In VA, contact our law firm immediately for help.

Separation Agreement & Divorce – VA

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Oliver v. Oliver

Facts:

Plaintiff wife appealed a judgment of the Fairfax Circuit Court (Virginia), which granted the wife and defendant husband a divorce and which incorporated into the decree the parties’ separation agreement. The trial court did not find the separation agreement unconscionable under Va. Code Ann. § 20-151.

If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The party challenging a separation agreement bears the burden of proving by clear and convincing evidence thatthe separation agreement is invalid. The appellate court reviews the evidence in the light most favorable to the prevailing party.

“Constructive fraud” is a breach of legal or equitable duty which, irrespective of moral guilt, is declared bylaw to be fraudulent because of its tendency to deceive others or to violate confidence. It is generally determined by reviewing the conduct of the parties in relation to their legal and equitable duties to one another.

Whereas fraud relates to the parties’ conduct, unconscionability is more concerned with the intrinsic fairness ofthe terms of the agreement in relation to all attendant circumstances, including the relationship and duties between the parties. If inadequacy of price or inequality in value is the only indicia of unconscionability, the case must be extreme to justify equitable relief.

Separation Agreement & Divorce – VA

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Protective Orders – Virginia Lawyers

If you are concerned about a Protective Order In Virginia, contact our law firm immediately for help.

Protective Order In Virginia – Virginia Attorneys

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Taylor v. Commonwealth

Facts:

Defendant sought review of a judgment entered by the Court of Appeals of Virginia, which affirmed defendant’s convictions for two instances of violating protective orders issued under Va. Code Ann. § 16.1-279.1. Defendant challenged his convictions based on the sufficiency of the evidence.

If you are facing a family case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 16.1-279.1 authorizes a juvenile and domestic relations district court to issue a protective order in cases of family abuse to protect the health and safety of the petitioner and family or household members of the petitioner. In order to accomplish such protection, Va. Code Ann. § 16.1-279.1(A) permits the court to impose one, several, or all of a list of enumerated conditions upon the respondent. The first two provisions listed under Va. Code Ann. § 16.1-279.1(A) specifically authorize a court to impose conditions on the respondent prohibiting acts of family abuse and prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons.

Va. Code Ann. § 16.1-279.1(A)(2) permits the court to issue a protective order that prohibits such contacts by the respondent with the petitioner as the court deems necessary for the health or safety of the petitioner.

While “contacts” is not defined in the statute, in essence, the statute permits the court to fashion protective orders that create a persistent barrier between the petitioner and the respondent so as to reasonably ensure the health and physical safety of the petitioner.

Protective Order In Virginia – Virginia Attorneys

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There are many factors to consider when dealing with a Divorce & Grounds Of Adultery Cruelty & Desertion in Virginia.

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Divorce & Grounds Of Adultery Cruelty & Desertion Case In Virginia

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Alam v. Alam

Facts:

The wife argued that she was entitled to a divorce based on the husband’s adultery, cruelty, and desertion. The wife sought alimony and custody of the minor child. The husband asserted that there was insufficient evidence to prove the charges of adultery, cruelty, and desertion. He sought custody of the minor child. The court denied the wife’s petition for a divorce, concluding that (1) there was not a scintilla of evidence that supported the wife’s allegations of adultery, cruelty or desertion. (2) The right of the father to custody of the children was a well-settled law. (3) The wife was not entitled to alimony because the petition for divorce was denied.

If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The suit for a divorce shall be instituted and conducted as other suits in equity. The single exception is that the bill shall not be taken for confessed, and that whether the defendant answer or not, the cause shall be heard independently of the admissions of either party, in the pleadings or otherwise.

Even where the parties separate by consent, neither can complain of desertion in the other unless there is some desire expressed for reconciliation — some overture made in good faith for a restoration of the conjugal relation.

Divorce & Grounds Of Adultery Cruelty & Desertion Case In Virginia

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Spousal Support & Abuse Cases – Virginia Attorneys

There are many factors to consider when dealing with a Spousal Support & Abuse case in Virginia.

If you are dealing with a Spousal Support & Abuse Case In Virginia, contact our law firm immediately for help.

Spousal Support & Abuse Case In Virginia

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Gardner v. Gardner

Facts:

Appellant former husband challenged the judgment of the Circuit Court of Fairfax (Virginia), which denied his motion for leave to file an amended complaint to allege adultery or to consolidate an action filed by him against appellee former wife alleging adultery, granted the former wife a divorce, and granted the former wife custody of the parties’ child, child support, spousal support, costs, and counsel fees. The appellate court held that:

(1) the former wife was not guilty of legal desertion in separating from the former husband after the institution of an action for divorce or during its pendency, despite the fact that she continued to live in the marital home for some time after she filed the divorce complaint; and

(2) the trial court’s refusal to allow the former husband to amend his complaint or to consolidate the adultery action was not an abuse of discretion where the adultery complaint was not made in good faith, but was merely an effort to avoid spousal support.

If you are facing a family case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

One spouse is not guilty of legal desertion in separating from the other after the institution of a suit for divorce or during its pendency.

One of the chief offices of a supplemental bill is to bring into the case new events referring to, and supporting, or affecting rights and interests already mentioned, which have arisen subsequently to the filing of the original bill.

Spousal Support & Abuse Case In Virginia

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Best Interests Of Child in Child Custody Cases – Virginia Attorneys

There are many factors to consider when dealing with the best interests of a child in child custody cases In Virginia.

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Best Interests Of A Child In A Child Custody Case In Virginia

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Ronald v. Ronald

Facts:

Appellant father challenged a decision of the Circuit Court of Fairfax (Virginia), which granted him a no-fault divorce, ruled that appellee mother was not entitled to spousal support, and awarded permanent custody of children to the mother. The mother had originally filed a petition in the circuit court for custody, child support, spousal support, and costs. The father contested the circuit court’s jurisdiction and the custody award.

If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 16.1-241(A) purports to vest in the juvenile and domestic relations district courts exclusive original jurisdiction of all cases involving child custody, visitation, and control. But Va. Code Ann. § 16.1-241(A)(3) expressly makes this jurisdiction concurrent with that of the circuit courts as provided in Va. Code Ann. § 16.1-244 hereof. Section 16.1-244 provides in part that nothing contained in this law shall deprive any other court of the concurrent jurisdiction to determine the custody of children upon a writ of habeas corpus under the law, or to determine the custody, guardianship, visitation or support of children when such custody, guardianship, visitation or support is incidental to the determination of causes pending in such courts, provided that when a circuit court shall have taken jurisdiction thereof by entry of an order relating to custody, guardianship, visitation or support the juvenile and domestic relations district courts shall be divested of such jurisdiction.

Va. Code Ann. § 8.01-259(6) provides in part that nothing in this chapter shall apply to venue in the following proceedings: domestic relations proceedings.

The top priority of the court in matters of child custody is the best interest of the child.

Best Interests Of A Child In A Child Custody Case In Virginia

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Joint Custody Laws – Virginia Lawyers

There are many different types of custody arrangements pursuant to joint custody laws in Virginia.

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Joint Custody Laws in Virginia

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Warner v. Warner

Facts:

Plaintiff wife filed a petition for a divorce from defendant husband. A hearing was held on the issues of grounds of divorce, custody, visitation, child support, a reservation of spousal support, equitable distribution, and attorney fees. The wife opposed joint custody, ostensibly because of the husband’s use of pornography. The court noted that she had been willing to agree to joint custody until the husband indicated he could not continue to pay $ 1,500 in child support. The children spent a considerable amount of time with the husband, and the parties had the ability to communicate with each other. The court therefore awarded joint custody, finding this to be in the children’s best interest.

If you are facing a divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A party contending that income should be imputed for purposes of establishing child support is required to produce evidence that is sufficient to enable the trial judge reasonably to project what amount could be anticipated had the other party procured employment.

Expenditures for living expenses during the divorce do not constitute waste (a dissipation of marital funds). Payment on marital debts and court-ordered support where the payment provides a benefit to the other spouse should not be considered as dissipation. Expenditures of marital funds for attorney fees in the divorce do not constitute waste.

Joint Custody Laws In Virginia

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